BILL NUMBER: SB 176	CHAPTERED  09/15/99

	CHAPTER   397
	FILED WITH SECRETARY OF STATE   SEPTEMBER 15, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 15, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   AUGUST 18, 1999
	AMENDED IN SENATE   APRIL 26, 1999
	AMENDED IN SENATE   APRIL 6, 1999
	AMENDED IN SENATE   MARCH 10, 1999

INTRODUCED BY   Senator Knight
   (Coauthors:  Assembly Members Cox, House, Margett, McClintock,
Robert Pacheco, Runner, and Strickland)

                        JANUARY 12, 1999

   An act to amend Section 48209.16 of, and to add Section 48209.17
to, the Education Code, relating to school attendance.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 176, Knight.  School attendance.
   (1) Existing law authorizes the governing board of any school
district to admit pupils residing in another school district to
attend any school in that district.  Existing law authorizes school
districts of residence to limit the number of pupils newly
transferring out each year based upon the district's average daily
attendance.  Existing law credits the school district of choice, as
to pupils admitted to the school district under this authority, with
a corresponding increase in average daily attendance for state
apportionment purposes.  Existing law prohibits the school district
of residence from adopting policies that block or discourage pupils
from applying for a transfer and permits the parent or guardian of a
pupil who is prohibited from transferring to appeal the decision to
the county board of education.  Existing law provides that the
governing board of a school district may, but is not required to,
accept interdistrict transfers, and requires a governing board that
elects to accept transfers to adopt a resolution to ensure that
pupils admitted under the policy are selected through a random,
unbiased process that prohibits an evaluation of whether or not the
pupil should be enrolled based upon his or her academic or athletic
performance.  Existing law provides that either the pupil's school
district of residence, upon notification of the pupil's acceptance to
the school district of choice, or the school district of choice may
prohibit the transfer of a pupil under this article or limit the
number of pupils so transferred if the governing board of the
district determines that the transfer would negatively impact the
court-ordered desegregation plan of the district or the voluntary
desegregation plan of the district that meets certain criteria or the
racial and ethnic balance of the district.
   Under existing law, those provisions become inoperative on July 1,
2000, and are repealed as of January 1, 2001.
   This bill would instead provide that these provisions become
inoperative on July 1, 2003, and are repealed as of January 1, 2004.
By extending the appeal duties of the county board of education
under these provisions, this bill would impose a state-mandated local
program.
   This bill would require, on or before July 1, 2002, the
Superintendent of Public Instruction to report to the Governor and
the Legislature on the effectiveness of these provisions and to make
recommendations regarding their continuation or modification.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 48209.16 of the Education Code is amended to
read:
   48209.16.  This article shall become inoperative on July 1, 2003,
and, as of January 1, 2004, is repealed, unless a later enacted
statute, which becomes effective on or before January 1, 2004,
deletes or extends the dates on which it becomes inoperative and is
repealed.
  SEC. 2.  Section 48209.17 is added to the Education Code, to read:

   48209.17.  On or before July 1, 2002, the Superintendent of Public
Instruction shall report to the Governor and the Legislature on the
effectiveness of this article and make recommendations regarding the
continuation or modification of this article.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.

